Waterbury Workers’ Compensation Lawyers
Injured employees often make the mistake of not reporting workplace injuries. Worse yet, injured employees use sick leave or forgo obtaining proper medical treatment because they are unaware of the benefits available from workers’ compensation insurance. The experienced Waterbury workers’ compensation lawyers at Carter Mario Law Firm can represent you in your fight to obtain the benefits you are legally entitled to receive.
Contact us today to talk with one of our workers’ compensation lawyers in Waterbury if you suffered a workplace injury for a free consultation.
Our Lawyers Are Here For You
Some insurance carriers are driven solely by profit. The workers’ compensation attorneys at Carter Mario Law Firm are familiar with the tactics and arguments insurance companies use to deny claims made by injured workers. Our attorneys fight to ensure your workers’ comp claim is accepted and also to ensure you receive proper compensation.
What is Workers’ Compensation?
Workers’ compensation is insurance employers are required to purchase. It is “no-fault” insurance which means an injured employee does not have to prove another person caused their injury. A victim can still qualify for benefits even if their own negligence caused their injury.
How to File Workers’ Comp Claims
Simply informing your employer of the accident and the injury is not sufficient to file a workers’ compensation claim. Successfully filing a claim requires you to fill out and file a 30C Form which can be obtained from the Workers’ Compensation Commission website.
What Does Workers’ Comp Cover?
Workers’ compensation insurance provides coverage for legally defined employees pursuant to §31-275. Specifically, this insurance covers accidental physical injuries and work related diseases such as asbestos exposure.
Laws Affecting Workers’ Compensation in Waterbury
Under §31-294c, the statute of limitations for workers’ compensation claims in Connecticut depends on the injury the employee suffered. If the employee suffered an accidental physical injury, they must file a claim within a year after the accident. If the employee developed a work-related disease, they must file a claim within three years after their symptoms begin to appear.
The Benefits with Workers’ Comp in Waterbury
Workers’ compensation insurance provides injured employees extensive benefits. Arguably, the most popular benefit is that workers’ compensation insurance is required to pay for an injured employee’s medical care under §31-294d. Injured employees are also entitled to benefits which are meant to aid their recovery.
Due to the injuries they suffer, some employees are unable to return to work. In this scenario, workers’ compensation insurance provides Temporary Total Disability (“TTD”) benefits which pays 75% of your average post tax weekly wage pursuant to §31-307(a). If you are unable to return to work at a full duty capacity, workers’ compensation insurance also provides Temporary Partial Disability (“TPD”) benefits which pays 75% of the difference between your pre-injury post weekly wage and your post-injury weekly wage.
In some cases, employees are permanently unable to return to work. Under §31-283a, workers’ compensation must evaluate you and retrain you. Specifically, this means you will be provided training to qualify for and obtain a new job based on your education, skills, and experience.
Some injuries leave employees permanently disabled. If you are found to be completely incapacitated as a result of your injuries, workers’ compensation insurance will pay you 75% of your average weekly wages, i.e., Permanent Total Disability (“PTD”) benefits, potentially for the rest of your life pursuant to §31-307. If you are only partially disabled, you are eligible for Permanent Partial Disability (“PPD”) benefits based on your pre-injury income, the extent of your disability, and the part of your body which was injured based on §31-308(b).
What a Waterbury Workers’ Comp Lawyer Can Do for You
Workers’ compensation insurance carriers frequently claim the injuries victims suffered are not work related. These insurance carriers also deny claims pursuant to § 31-284(a) which provide the defenses of intoxication and willful misconduct. The attorneys at Carter Mario Law Firm can help you overcome these legal and factual defenses.
Personal Injury or Workers’ Comp Claims
Whether your injury can be compensated via a personal injury claim or a workers’ compensation claim depends on the facts surrounding the accident. Sometimes, an injury can be compensated by both. However, there are many differences between personal injury and workers’ compensation.
How is Personal Injury Different From Workers’ Comp
Unlike personal injury, the financial benefits provided by workers’ compensation insurance only cover your financial losses, i.e., medical expenses and lost wages. In a personal injury claim, you can receive compensation for financial losses, and your pain and suffering. Finally, unlike workers’ compensation, personal injury requires you to prove the guilty party committed an act of negligence to obtain compensation.
What are Personal Injury Claims
A personal injury claim is a legal claim asserted against the guilty party. To win, you must prove the guilty party owed you a duty, breached their duty, and caused your injury. You must prove each element by preponderance of evidence, i.e., 51%.
What are Workers’ Compensation Claims
It is relatively easier to prove a workers’ compensation claim because of its “no-fault” nature. You can make a workers’ compensation claim if you are a covered employee. To have a valid claim, you must have suffered an injury or occupational disease while in the course of your employment.
Assessing your case
If a guilty party caused your injury while you were not working, you can only pursue a personal injury claim. If you suffered your injury while you were working, you have a workers’ compensation claim. Additionally, if you suffer an injury at work due to a third party’s negligence, you have a personal injury claim and workers’ compensation claim.
Waterbury Workers’ Comp FAQ
Workplace accidents have severe disruptive effects on the lives of injured employees. Employers sometimes fail to advise injured employees of the benefits they may be able to claim. At Carter Mario, our workers’ compensation attorneys provide free consultations for injured employees and their families.
What to Do Following an Accident
You should immediately report the accident to your employer and seek medical treatment. You should also take note of any co-workers who may have witnessed the accident or the circumstances leading up to the accident. Finally, you should consult a Waterbury workers’ compensation lawyer.
How Much Will A Waterbury Workers’ Compensation Attorney Cost?
At Carter Mario, our attorneys represent injured employees on a contingency fee basis. Essentially, this means we don’t get paid unless we win your case or obtain a settlement. This also means we charge no legal fees unless we obtain a favorable result pursuant to our Zero Fee Warranty.
Trust Carter Mario’s Workers’ Comp Attorneys To Help You
At Carter Mario, our attorneys have obtained over one billion dollars in compensation for our injured clients. Additionally, Carter Mario Law Firm has earned the trust of the legal community as seen with the numerous awards our attorneys have earned. To learn how our Waterbury-based workers’ compensation lawyers can help you, call us today for a free consultation.